United States Fourth Circuit

The district court's dismissal of defendant's habeas corpus claim challenging his federal sentence after one of his prior state convictions had been vacated, is reversed and remanded, where: 1) a numerically second habeas motion should not be considered second or successive pursuant to 28 U.S.C. section 2255(h) where, as here, the facts relied on by the defendant seeking resentencing did not exist when the numerically first motion was filed and adjudicated; and accordingly, 2) in light of the subsequent vacatur of defendant's state conviction, which contributed to the original guidelines calculation of his federal sentence, his motion was not successive.

Appellate Information

• Decided 06/11/2014
• Published 06/11/2014

Judges

• DAVIS

Court

• United States Fourth Circuit

Counsel